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NFT: legal advice needed

Kevin999 : 7/15/2019 1:01 pm
I live in CT and have property that is up against a highway. The state is currently clearing tons of trees for some reason. Last week they cleared back a large section and I'm 99% positive they went at least 20 feet into my property. I assume the first step would be to hire a land assessor have the border properly marked. Would any do, do I need a certain type of assessment done? Thanks in advance.
in my area  
UConn4523 : 7/15/2019 1:08 pm : link
any city work that's being done, notice needs to be given to surrounding properties - did you get any notice ahead of time?

Either way talk to your lawyer before doing anything. Don't get your land assessed until its an advisable next step. Surveying could be $1k or more and you won't get that money back, so make sure its worth it.
Check your deed.  
MOOPS : 7/15/2019 1:10 pm : link
See if the state has an easement on your property bordering the highway. And obviously check your survey which should have been done when you bought your property.
You should also make inquiries to with the Highway Dept. or whoever handles road maintainence to see what the story is.
They widening the highway or adding shoulders?
One thing I've learned from browsing reddit  
ron mexico : 7/15/2019 1:18 pm : link
is mature trees are extremely valuable.

You will probably want to hire an aborist to assess the value of the felled trees.

Call your town  
Bubba : 7/15/2019 1:21 pm : link
engineer and ask what is going on. I'm sure they know. You can proceed from there.
9 times out 10  
BronxBombers : 7/15/2019 1:54 pm : link
people think their property line is further back than it really is...i work for a railroad, and we cut lots of trees back when they start to overgrow onto our RR, we get letter from homeowners and they dont realize, if the tree is on our property and hangs over yours or blocks a view, etc, it is not our problem, we can cut it down.
20 feet is a lot...  
kinard : 7/15/2019 2:28 pm : link
... do you have a survey? That should give you a ballpark idea of the dimensions of your block and lot.
Contact a lawyer  
WillVAB : 7/15/2019 2:51 pm : link
And an arborist.
RE: One thing I've learned from browsing reddit  
BMac : 7/15/2019 3:08 pm : link
In comment 14499132 ron mexico said:
Quote:
is mature trees are extremely valuable.

You will probably want to hire an aborist to assess the value of the felled trees.


If you mean as in timber value, more trees than not simply don't make th grade. Once they're cut and either sectioned or hauled away, assessing value is moot.
RE: RE: One thing I've learned from browsing reddit  
ron mexico : 7/15/2019 3:13 pm : link
In comment 14499243 BMac said:
Quote:
In comment 14499132 ron mexico said:


Quote:


is mature trees are extremely valuable.

You will probably want to hire an aborist to assess the value of the felled trees.




If you mean as in timber value, more trees than not simply don't make th grade. Once they're cut and either sectioned or hauled away, assessing value is moot.


nope. I mean as landscaping plants.

Mature tress can be worth tens of thousands of dollars. Be very careful cutting down trees that may be on your neighbors property, you could end up with a huge bill.

thanks for the replies so far  
Kevin999 : 7/15/2019 3:55 pm : link
A little more background, the property was originally purchased by my grand parents somewhere around 1960 and I inherited it last year when my mom passed away so I have no idea where the original survey is. The property has a long drive way the comes close to the highway at one point then bends away from it. They cleared all the trees up to my driveway. I'm fairly certain the property extends 20 to 30 feet beyond the driveway. I'm sure its not 100% accurate but if I look at the property line on Google maps and then overlay the satellite map, the line is around where I always thought it was and they went well beyond. I called the CT dept of transportation and they said the supervisor would call me back.
Even if there was a tree  
cjac : 7/15/2019 4:27 pm : link
that had roots weren't on your property, and the limbs overhung your property line, they cant cut those down either. I went through this when they built houses behind my cul-de-sac.
You will need a survey i push comes to shove  
HomerJones45 : 7/15/2019 7:00 pm : link
The DOT has broad authority to cut trees and vegetation wholly or partially in the highway right of way.

There are two classes of survey: Class A where the surveyor researches the land records and verifies the boundaries on the ground. The other is a Class C which is compiled from other maps that the surveyor may find. Obviously a Class A is more expensive.

You can go to the town clerk's office and check for maps. Generally, the state has all of the state roads surveyed when they are constructed and will perform surveys if the road is relocated. The major interstates were for sure surveyed because that property was taken by eminent domain. Those surveys are generally recorded in the town clerk's office.

The surveys will show monuments that marking the state right of way (the right of way is sometimes much wider than the roadbed so do not assume that the paved portion marks the extent of the highway or that the highway is located in the middle of the state ROW.) If you can find the monumentation, that will give you a good idea as to the location of the state right of way.
Section 13a-140 - ( New Window )
Yeah, it is a survey you would need,  
section125 : 7/15/2019 7:41 pm : link
not an assessment. And as said, the city/county/state normally has an easement on to your property of anywhere from 10 to 25 feet.
I attest for cities in CT  
Carl in CT : 7/15/2019 8:26 pm : link
They have all rights from 8 feet off the curb. I wouldn’t doubt if the state has at least 20 feet from end of your property.
I don't know about CT, but if you have to file a claim against a  
Marty in Albany : 7/16/2019 12:56 am : link
city or municipality, the statute of limitations is often a matter of weeks rather than years. If you don't file on time you waive some or all your rights to legal recourse. That might be the first question for you to ask.
Kevin-  
mrvax : 7/16/2019 6:15 am : link
Might be a good idea to take pictures/video in case this somehow goes to court. Good luck.
First to do  
BobOnLI : 7/16/2019 7:00 am : link
See if there are monuments marking your boundry. Zero cost and total accuracy. Most people underestimate how far their property line is from the road or street.
thanks again all  
Kevin999 : 7/16/2019 2:31 pm : link
So the supervisor called me this morning and he is going to "check it out" today or tomorrow. He said they are doing a massive project throughout the state to clear trees along the highways and it did sound like they had no clue where the actual property lines are. Again I know its not perfectly accurate but if I use my phone GPS and google maps, it seems they cut down what I would guess to be a 30 foot by 20 section that's on my property. I will wait til Friday to see if he calls back.
RE: thanks again all  
BigBlueDownTheShore : 7/16/2019 2:34 pm : link
In comment 14499990 Kevin999 said:
Quote:
So the supervisor called me this morning and he is going to "check it out" today or tomorrow. He said they are doing a massive project throughout the state to clear trees along the highways and it did sound like they had no clue where the actual property lines are. Again I know its not perfectly accurate but if I use my phone GPS and google maps, it seems they cut down what I would guess to be a 30 foot by 20 section that's on my property. I will wait til Friday to see if he calls back.



I would sue for the extra noise that is going to come to your area. The trees were drowning some of that out, now they aren't there.
Update....  
Kevin999 : 7/17/2019 10:59 am : link
The supervisor called me this morning after he checked it out. He said they were unaware there was a driveway there and asked for time for them to get maps and a landscaper. So it definitely sounds like they just cut down stuff and had no clue where the line was but also it seems like they will try and do something to fix the mess. Thanks again for the replies, BBI is the best.
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